District Court of Appeal of Florida May 26, 2000, No. 1D99-2101 (Brown v. Moore)

BENTON, J.,

dissenting.

The amended complaint alleges that the Department of Corrections unlawfully detained or destroyed legal documents that belonged to Mr. Brown, not the Department. “[N]ominal damages will be presumed from an encroachment upon an established right.” Ault v. Lohr, 538 So.2d 454, 456 (Fla.1989) (citing Spiegel v. Evergreen Cemetery Co., 117 N.J.L. 90, 186 A.